§ 231 — Prevailing wage

New York § 231

• Jurisdiction: New York
• Law LAB: Labor
• Art. 9: Prevailing Wage For Building Service Employees

Text

§ 231. Prevailing wage. 1. Every contractor shall pay a service\nemployee under a contract for building service work a wage of not less\nthan the prevailing wage in the locality for the craft, trade or\noccupation of the service employee.\n 2. The obligation of a contractor to pay prevailing supplements may be\ndischarged by furnishing any equivalent combinations of fringe benefits\nor by making equivalent or differential payments in cash under rules and\nregulations established by the fiscal officer.\n 3. Each contract for building service work shall contain as part of\nthe specifications thereof a schedule of the wages required to be paid\nto the various classes of service employees on such work, and each such\ncontract shall further contain a provision obligating the contractor to\npay each employee on such work not less than the wage specified for his\ncraft, trade or occupation in such schedule.\n 4. The public agency, or appropriate officer or agent thereof, whose\nresponsibility it is to prepare or direct the preparation of the plans\nand specifications for a contract for building service work, shall\nascertain from such plans and specifications the classifications of\nemployees to be employed on such work and shall file a list of such\nclassifications with the fiscal officer, together with a statement of\nthe work to be performed. The fiscal officer shall determine the crafts,\ntrades and occupations required for such work and shall make a\ndetermination of the wages required to be paid in the locality for each\nsuch craft, trade or occupation. A schedule of such wages shall be\nannexed to and form a part of the specifications for the contract prior\nto the time of the advertisement for bids on such contract and shall\nconstitute the schedule of wages referred to in subdivision three of\nthis section.\n 5. Upon the award of a contract for building service work by a public\nagency other than a city, the contracting public agency shall\nimmediately furnish to the commissioner: (a) the name and address of the\ncontractor to whom the contract was awarded; (b) the date when the\ncontract was awarded; and (c) the approximate consideration stipulated\nfor in the contract.\n 6. No later than the first day upon which work on said contract is\nperformed by any employee, the contractor shall post in a prominent and\naccessible place on the site of the work a legible statement of the\nwages to be paid to the workmen employed thereon.\n 7. (a) An apprentice in a craft or trade may be permitted to work at a\nwage lower than that established for the journeymen in such craft or\ntrade only if all of the following conditions have been met:\n (1) such apprentice has been individually registered in an\napprenticeship program which is duly registered with the industrial\ncommissioner in conformity with the provisions of article twenty-three\nof this chapter;\n (2) such apprentice's registration occurred prior to his employment as\nan apprentice on such service work; and\n (3) written proof of such individual registration is submitted to the\ncontracting public agency prior to such apprentice's employment as an\napprentice. The proof submitted shall include evidence of the\nappropriate ratios and apprentice's wage rates.\n (b) In no event shall the ratio of apprentices to journeymen employed\non such service work be greater than the lesser of the following ratios:\n (1) the ratio permitted in the apprenticeship program approved by the\nindustrial commissioner; or\n (2) the ratio prevailing in the locality where the service work will\nbe performed.\n (c) The rate of wages established for apprentices shall be the\nprevailing rate as determined in accordance with this article.\n